A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. In view of the fact that the defendant administered the mulberry over three occasions during the short period of time, the defendant should be punished for a severe punishment.

However, in full view of all the circumstances that are conditions for sentencing as shown in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of each of the crimes of this case, the circumstances after the crime, etc., the punishment sentenced by the court below is deemed unfair, since the defendant's above assertion is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Selection of Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and the Selection of Imprisonment with prison labor for each crime under the relevant Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of favorable reasons for the reversal of the above judgment);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;